Wright v. Stewart
Idaho Supreme Court
APPEAL from the District Court of the Sixth Judicial District, for Bingham County. Hon. F. J. Cowen, Judge. Action for damages. Judgment for plaintiff. Tender is defined as an -unconditional offer to pay what is due, and no proper pleading is found under which testimony on this point could have been introduced. (Kelley v. Clark, 23 Ida. 1, Ann.
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APPEAL from the District Court of the Sixth Judicial District, for Bingham County. Hon. F. J. Cowen, Judge. Action for damages. Judgment for plaintiff. Tender is defined as an -unconditional offer to pay what is due, and no proper pleading is found under which testimony on this point could have been introduced. (Kelley v. Clark, 23 Ida. 1, Ann. Cas. 1914C, 665, 129 Pac. 921.) To review the sufficiency of the allegations of a complaint, there must be an appeal from the judgment, and such question will not be considered or determined on an appeal from an order denying a new trial. (Naylor &…
1Opinion of the CourtMorgan, C. J.
This is an action for damages resulting from the refusal of appellant to permit respondent to use a ditch, in irrigating a crop of potatoes, in conformity to the *492terms of an oral contract of lease. The verdict and judgment were for plaintiff, and this appeal is from an order denying defendant’s motion for a new trial.
A demurrer to the complaint was denied and appellant relies, in part, upon that ruling for a reversal. Courts are limited in granting new trials to the grounds mentioned in C. S.,* sec. 6888, and the ruling on a demurrer, although erroneous, is not one of them. The sufficiency of…
2Cases cited5 opinions
- United States Smelting Co. v. SisamCourt of Appeals for the Eighth Circuit · 1911
- Risse v. CollinsIdaho Supreme Court · 1906
- Gumaer v. White Pine Lumber Co.Idaho Supreme Court · 1905
- Frederick v. BrainardIdaho Supreme Court · 1919
- Monarch G. & S. M. Co. v. McLaughlinIdaho Supreme Court · 1876
3Cited by4 opinions
- Findley v. WoodallIdaho Supreme Court · 1963
- Jenness v. Co-Operative Publishing Co.Idaho Supreme Court · 1923
- Walton v. ClarkIdaho Supreme Court · 1924
- Swan v. SproatIdaho Supreme Court · 1922